Amend HB 2129 by adding the appropriately numbered section
and renumbering the subsequent sections accordingly:
SECTION __. Section 382.0215, Health and Safety Code, is
amended by amending Subsections (a), (b), and (f) and adding
Subsections (a-1) and (h) to read as follows:
(a) In this section:
(1) "Emissions[, "emissions] event" means an upset
event, or unscheduled maintenance, startup, or shutdown activity,
from a common cause that results in the unauthorized emissions of
air contaminants from one or more [an] emissions points at a
regulated entity [point].
(2) "Regulated entity" means all regulated units,
facilities, equipment, structures, or sources at one street address
or location that are owned or operated by the same person. The term
includes any property under common ownership or control identified
in a permit or used in conjunction with the regulated activity at
the same street address or location.
(a-1) Maintenance, startup, and shutdown activities shall
not be considered unscheduled only if the activity will not and does
not result in the emission of at least a reportable quantity of
unauthorized emissions of air contaminants and the activity is
recorded as may be required by commission rule, or if the activity
will result in the emission of at least a reportable quantity of
unauthorized emissions and:
(1) the owner or operator of the regulated entity
[facility] provides any prior notice or final report that the
commission, by rule, may establish;
(2) the notice or final report includes the
information required in Subsection (b)(3); and
(3) the actual emissions do not exceed the estimates
submitted in the notice by more than a reportable quantity.
(b) The commission shall require the owner or operator of a
regulated entity [facility] that experiences emissions events:
(1) to maintain a record of all emissions events at the
regulated entity [facility] in the manner and for the periods
prescribed by commission rule;
(2) to notify the commission in a single report for
each emissions event, as soon as practicable but not later than 24
hours after discovery of the emissions event, of an emissions event
resulting in the emission of a reportable quantity of air
contaminants as determined by commission rule; and
(3) to report to the commission in a single report for
each emissions event, not later than two weeks after the occurrence
of an emissions event that results in the emission of a reportable
quantity of air contaminants as determined by commission rule, all
information necessary to evaluate the emissions event, including:
(A) the name of the owner or operator of the
reporting regulated entity [facility];
(B) the location of the reporting regulated
entity [facility];
(C) the date and time the emissions began;
(D) the duration of the emissions;
(E) the nature and measured or estimated quantity
of air contaminants emitted, including the method of calculation
of, or other basis for determining, the quantity of air
contaminants emitted;
(F) the processes and equipment involved in the
emissions event;
(G) the cause of the emissions; and
(H) any additional information necessary to
evaluate the emissions event.
(f) An owner or operator of a regulated entity [facility]
required by Section 382.014 to submit an annual emissions inventory
report and which has experienced no emissions events during the
relevant year must include as part of the inventory a statement that
the regulated entity [facility] experienced no emissions events
during the prior year. An owner or operator of a regulated entity
[facility] required by Section 382.014 to submit an annual
emissions inventory report must include the total annual emissions
from all emissions events in categories as established by
commission rule.
(h) The commission may allow operators of pipelines,
gathering lines, and flowlines to treat all such facilities under
common ownership or control in a particular county as a single
regulated entity for the purpose of assessment and regulation of
emissions events.